I filed a motion to modify custody. It was continued a few times because my ex got an attorney who needed additional time. I couldn't make the continued hearing date. I called the court and left a message as well as emailed the other attorney. The court took my motion off-calendar. How do I get it back on calendar? Do I have to have grounds such as mistake, surprise or excusable neglect. Should I file a formal motion? Under what authority would I make my motion? Code of Civil Procedure, California Family Code, California Rules of Court?
Family Law Attorney
The easiest thing to do would be to re-file the same motion. Just reprint everything, date and sign it all, and file it. Get a new hearing date, serve it, and this time, show up. It never got heard, so there is no reason that I can see that you should not be able to simply refile it.
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